Privacy policy

Effective date: April 12, 2024

FSD Media LLC (“FSD Media LLC” “we,” or “us”) recognizes the importance of protecting the privacy needs of users of happygear.com (the “Site”), subscribers to our mailing lists, and participants in our surveys and contests (collectively, “Users”). This policy describes the Personal Information (e.g. name, address, email address, phone number, etc.) we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of such Personal Information. You will have an opportunity to unsubscribe whenever we communicate with you. By providing your personal details to us, you signify your acceptance of our Privacy Statement as set out below. If you do not agree to this statement, please do not provide your personal details to us.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOU MUST AGREE TO WHAT IS STATED IN THIS DOCUMENT (AS PART OF YOUR FULL AGREEMENT TO OUR WEBSITE TERMS) BEFORE YOU CAN ACCESS OR USE OUR WEBSITE, INCLUDING PURCHASING OUR PRODUCTS OR USING ANY SERVICES AVAILABLE ON THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE OR USING ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE OR PURCHASING OUR PRODUCTS, YOU AGREE THAT YOU WILL BE BOUND BY AND SUBJECT TO THE TERMS OF THE WEBSITE TERMS, INCLUDING THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE WEBSITE TERMS, INCLUDING TO THIS PRIVACY POLICY, THE ADDITIONAL TERMS, AND ANY OTHER DOCUMENTS REFERENCED AND INCORPORATED IN THE WEBSITE TERMS, YOU MUST NOT USE THIS WEBSITE. WHENEVER YOU SUBMIT INFORMATION TO THIS WEBSITE OR THROUGH ANY OF ITS SERVICES, PRODUCTS, OR BUSINESS OFFERINGS, YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, THE WEBSITE TERMS, AND ANY SPECIFIC PROVISIONS OF THIS WEBSITE THAT MAY BE PRESENTED AT THE TIME THE INFORMATION IS COLLECTED. MOREOVER, ANY INFORMATION THAT YOU SUBMIT VIA THIS WEBSITE MAY BE STORED AND PROCESSED IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN WHICH THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, OR AGENTS OPERATE OR MAINTAIN FACILITIES, AND, BY USING THIS WEBSITE AND ITS SERVICES AND BY SUBMITTING ANY INFORMATION, YOU CONSENT TO ANY SUCH TRANSFER OF INFORMATION OUTSIDE OF THE COUNTRY OF ORIGIN.

HOW WE COLLECT AND USE INFORMATION

Personally Identifiable Information (“PII”)

We may collect personally identifiable information (“Personal Information” or “PII”) such as but not limited to your name, your contact information (e.g., email address, telephone number, physical address, social media handles or login details), your shipping information, and your billing information (such as credit card account data). We collect PII when you provide it to us, for example when you interact with our Site, place an order, or sign up for our mailing list.

We use the PII that we collect to provide services (such as to process and ship your orders or respond to customer service requests), to analyze and improve our online platforms and to conduct marketing. If you register for email or if you provide your email address to us, we will send you emails about a variety of topics such as product launches, classes and events, special sales, promotional offers, and/or sustainability topics. Please see below for your choices regarding how we collect, use, and share your PII.

We share email activity data with our marketing email provider to help them better target email deployments to consumers. While our marketing email provider has access to email address and email activity and may share bulk/non-specific activity data, no Email addresses or specific email actions are ever shared with other third parties. Should a consumer wish to opt out of this sharing, that consumer simply needs to opt out of marketing email from us.

We may use third parties to outsource one or more aspects of our business and/or Website operations (such processing transactions that you initiate through the Website, customer service functions, data processing, web analytics, maintenance, and security execution and clearing services), in which case, we may provide your Personal Information to such third parties in connection with the performance of such activities.  Such third parties will only use your Personal Information to the extent necessary to perform their functions and will be contractually bound to process your Personal Information only on our behalf and in compliance with our requests.

Absent your prior consent, we will share your Personal Information with third parties only in the ways that are described in this Privacy Policy, including as set forth above, and we do not otherwise sell or disclose your Personal Information to third parties.

Non-Personal Information

We automatically collect certain non-personal information when you use the Site. For example, we collect information about the devices you use to connect to the Site (such as the IP address of your computer or numeric identifier of your mobile device) and about how you use the Site (such as what time you visit). We, and our advertisers and ad servers, may also collect non-personal information outside the Site to measure the success of our advertising campaigns. We use the non-personal information that we collect for a variety of purposes such as to provide and improve the Site, and to analyze our advertising.

Our Site also uses third-party analytics vendors such as Google Analytics. Please click here for more information about how data is collected and processed in connection with the Google Analytics service. We and our third-party vendors or partners use analytics data for a variety of purposes such as to improve the design and content of our websites, to help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns.

Information You Post

All information that you share about yourself, whether PII or not, in a public open forum – such as on a social network – will be considered public information for the purposes of this policy. If you don’t want it to be public, please don’t post it.

Retention and Transfer of Personal Information

We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about our products and services, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements. We will delete this information from the servers at an earlier date if you so request by unsubscribing, opting-out, or emailing us at hello@happygear.com. Personal Information may be transferred and stored to secure servers in the United States.

Note that if you contact us to delete/deactivate certain Personal Information from the Website’s database by contacting us, because of backups and records of deletions, it may be impossible to delete a User’s entry entirely without retaining some residual information. An individual who requests to have Personal Information deactivated will have this information functionally deleted, however, and we will not sell, transfer, or use Personal Information relating to that individual in any way moving forward, notwithstanding previous consents from you.

COOKIES

We may use “cookies,” “web beacons,” and other similar technologies to collect information in connection with the FSD Media LLC Services and our advertisements. A “cookie” is a computer file that acts as an identification card for your computer to distinguish your browser from others and enable us to serve you better. For example, we use cookies to save products in your shopping cart while you browse our websites and to track the effectiveness of our marketing and advertising campaigns. Similarly, a “web beacon” is a technology that can recognize specific cookies and convey information about that browser. We do not use these technologies to collect PII.

Most browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. For instructions, check your browser’s technical information. However, if you reject or delete cookies then this may disable or interfere with features of the Site or other websites you visit. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our website.

A more detailed list of the cookies we currently use and how we use, or may use, them are as follows:

• Security: We secure the Website with cookies that facilitate security features and allow us to detect activity that might violate our rules and Website Terms, such as unauthorized access or activity.
• Localization: We use some cookies to help us provide localized experiences, such as displaying the Website in the local language.
• Service Features: We use certain cookies to provide greater functionality to the Website and help us deliver our products and services.
• Performance: We use performance cookies to help us route traffic between servers and understand how the Website is performing so we can provide users with the best experience possible.
• Analytics and Research: We use certain cookies and other technologies also help us to understand, improve, and research features and content on the Service.

INTEREST-BASED ADVERTISING

We may work with third-party advertising companies that collect and use information about your online activities across sites over time, in order to deliver more relevant advertising when you are using the Site and elsewhere on the Internet. This practice is known as interest-based advertising. You may visit www.aboutads.info to learn more and to opt out of this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. We do not operate or control this site, and are not responsible for the opt-out choices available there. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. If you delete, block or otherwise restrict cookies or use a different computer or Internet browser, you may need to renew your opt-out choice.

Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other promotions through the Website (“Promotions”) that may require registration.  If you choose to participate in any Promotions, you acknowledge and agree that, but entering or otherwise participating in such Promotions, you are agreeing to the official rules that govern such Promotions, which may contain specific authorizations from you regarding the uses of your information, requirements of you, including, for example, except where prohibited by law, allowing the sponsor(s) of such Promotions to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with such Promotions.  Additionally, if you choose to enter or participate in any Promotions, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotions, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the official rules of such Promotions, such as on a winner’s list. Thus, it is important that you carefully read the official rules of any Promotions before you agree to participate or enter.

SECURITY

BECAUSE YOUR PRIVACY IS IMPORTANT TO US, WE DO NOT RENT, SELL, GIVE, SHARE, TRADE, OR PROVIDE IN ANY WAY THE PERSONAL INFORMATION THAT WE OBTAIN ABOUT YOU THROUGH THIS WEBSITE TO THIRD PARTIES UNLESS YOU REQUEST OR PERMIT US TO DO SO, IT IS ABSOLUTELY NECESSARY TO PERFORM THE REQUESTED SERVICE, OR THE DISCLOSURE IS PERMITTED OR REQUIRED BY LAW.

We employ organizational, procedural, and technical safeguards to secure data in our possession, consistent with the sensitivity level of such data. When sensitive information (such as a credit card data) is collected on our Site it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol and may be processed by third parties using similar levels of protection. Regardless of the precautions we take, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, we cannot ensure or warrant the security of any information you transmit to us.

IN THE UNLIKELY EVENT THAT AN UNAUTHORIZED THIRD PARTY COMPROMISES OUR SECURITY MEASURES, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY AN UNAUTHORIZED THIRD PARTY’S ABILITY TO VIEW, USE OR DISSEMINATE SUCH INFORMATION.

OTHER DATA PROTECTION RIGHTS

You may have the following data protection rights:

• To access, correct, update or request deletion of Personal Information. We take reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a registered user, you can manage many of your individual account and profile settings within your account provided through the Site, or you may contact us directly by emailing us at hello@happygear.com. We will consider your request in accordance with applicable laws.
• In addition, individuals who are residents of the European Economic Area (“EEA”) can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us at hello@happygear.com.
• Similarly, if Personal Information is collected or processed on the basis of consent you can withdraw consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• EEA residents have the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.
• We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request.

CALIFORNIA PRIVACY RIGHTS

California law permits residents of California pursuant to California Civil Code Section 1798.83 to request certain details about how their information is shared with third parties for direct marketing purposes. To make such a request, please send an email to Happy Gear permits California residents to opt out of having their information shared with third parties for direct marketing purposes. To opt out, please click “unsubscribe” on any emails from us or email us at hello@happygear.com requesting to be removed.

Privacy Rights in Other States

Residents of certain other states, such as Nevada, Colorado, Connecticut, Virginia, and Utah, may have additional Personal Information rights and choices. Please see more below about your state privacy rights.

Please continue to check back here for more information about your rights under California or other state laws, as well as for your rights under the laws of other countries and jurisdictions, when and if available.

Rights in Colorado, Connecticut, Nevada, Virginia, and Utah

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their Personal Information.
• Access and delete certain Personal Information.
• Data portability.
• Opt-out of Personal Information processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their Personal Information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, please contact us at hello@happygear.com. Also, to appeal a decision regarding a consumer rights request, check with hello@happygear.com.

Nevada provides its residents with a limited right to opt out of certain Personal Information sales. Please know we do not currently sell data triggering that statute’s opt-out requirements, but, if ever we do, Nevada residents who wish to exercise this sale opt-out right will be able to submit a request to hello@happygear.com.

CHILDREN

 We strongly advise children to obtain their parents’ or guardian’s permission before submitting Personal Information of any kind over the Internet. We urge parents and guardians to be very clear with their minor children regarding the dangers of giving out Personal Information online, in person or otherwise to anyone whom they don’t know. We also encourage parents and guardians to spend time online with their children and to participate in the activities offered on the sites they visit.

Children Under the Age of 18

We have determined that only persons aged 18 or older may use this Website (and any other products or services that be accessed or purchased via this Website). IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT VISIT ANY OF OUR PAGES OR USE OR ACCESS OR PURCHASE ANY OF OUR PRODUCTS OR SERVICES. IN ADDITION, PLEASE NOTE THAT ONLY PERSONS AGED 18 YEARS OR OVER MAY AGREE TO THE WEBSITE TERMS, INCLUDING THIS PRIVACY POLICY. PERSONS YOUNGER THAN 18 YEARS OF AGE MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU ARE ACCESSING OR USING THIS WEBSITE OR USING OR ACCESSING OR PURCHASING ANY OF OUR PRODUCTS OR SERVICES, YOU REPRESENT TO US THAT YOU ARE 18 OR OLDER AND THAT YOU AGREE TO THE WEBSITE TERMS, INCLUDING THE PRIVACY POLICY.

Because we expressly forbid children under 18 years of age from accessing or using this Website, we do not knowingly collect or solicit information from anyone under the age of 18, nor do we knowingly allow such persons to make any purchases through this Website.

If You are under 18 years of age, please do not attempt to use any of our products or services, to make any purchases, or to send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any Personal Information (defined below) to or on this Website.  If we learn that we have collected Personal Information from a child under the age 18 (whether with or without parental consent), we will delete that information as quickly as possible.  If you believe that we might have any information from a child under the age of 18 or about a child under the age of 18 that was not submitted by a parent or guardian, please contact us immediately at hello@happygear.com.

UPDATES TO THE PRIVACY POLICY

If we modify this Privacy Policy, we will post the revised Privacy Policy online. You should check regularly to see if this Privacy Policy has changed.

CONTACT US

Other than as expressly stated, this Privacy Policy is not intended to, and does not, create any contractual rights in or on behalf of any party.

If you have any questions about this Privacy Policy, you can email, write, or call us: hello@happygear.com.